AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES.

Plain English Breakdown

Checked against official source text during the last sync.

Law to Change Rules for Private Detention Facilities

This law stops the state and local governments from making agreements or paying money related to privately owned detention centers, but it allows exceptions for Residential Alternative to Detention facilities and nonsecure residential settings for juveniles.

What This Bill Does

• It does not allow the state or any part of local government to make agreements for detaining people in privately owned detention centers.
• It stops the state and local governments from giving private companies money for building, owning, managing, or operating detention facilities.
• The law prevents receiving payments related to keeping individuals detained in these private facilities.
• It does not allow giving financial benefits to private entities involved with detention facility operations.

Who It Names or Affects

• State and local government agencies
• Private companies that own, manage, or operate detention centers

Terms To Know

Residential Alternative to Detention facilities

These are places where people can stay instead of being detained in a regular jail.

Nonsecure residential setting

A place that is not as secure as a traditional detention center but still provides care and services for juveniles under the Family Court's control.

Limits and Unknowns

• The law includes exceptions for Residential Alternative to Detention facilities.
• Facilities providing nonsecure residential settings for juveniles are also exempt, but this exemption ends on February 1, 2028.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DETENTION FACILITIES.
House Substitute No. 2 for House Bill No. 151 prohibits the State, a unit of local government, or any agency, officer, employee, or agent thereof, from doing the following with respect to a detention facility owned, managed, or operated by a private entity: (1) Enter into an agreement of any kind for the detention of an individual with; (2) Pay, reimburse, subsidize, or defray in any way any cost related to the sale, purchase, construction, development, ownership, management, or operation of; (3) Receive per diem, per detainee, or any other payment related to the detention of an individual in; (4) Give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of.
This House Substitute is different from House Bill No. 151 in the following ways:
(1) It adds an exemption that excludes Residential Alternative to Detention facilities from the definition of a private detention facility.
(2) It exempts facilities that house a program to provide services in a nonsecure residential setting for juveniles under the jurisdiction of Family Court from the definition of a private detention facility. It also provides a definition of “nonsecure residential setting”. The exemption for nonsecure residential settings for juveniles sunsets on February 1, 2028.
This Substitute makes technical corrections to Section 3 of House Substitute No. 1 for House Bill No. 151.